Klarinet Archive - Posting 001189.txt from 1999/03

From: "Frederick S. Sterns" <fssterns@-----.com>
Subj: Re: [kl] re: Copyright dogma
Date: Mon, 22 Mar 1999 14:01:25 -0500

>There is "plain English" wording of the copyright laws on the Music
>Publisher's
>Association site (http://host.mpa.org/). The opinons rendered there are of
>course the opinions of the MPA's lawyers, and could conflict with the advice
>of _your_ lawyer. However, Most of what I use as a guideline for
>publishing on
>Sneezy is taken both from this site and the US Government copyright site.

Given the complexity of statutory construction, and the numerous
"principles" governing the interpretation of statutes, I think most lawyers
will agree that simply reading the "plain English" doesn't give very much
insight into how the courts might interpret a paricular piece of
legislation with respect to the basic issue raised here. Moreover, I think
it's fair to assume that the MPA will take a position favorable to its
members if there are arguments on both sides. There is no harm, as you
suggest, Mark, in using conservative guidelines for net publishing, for
example, as this avoids unnecessary controversy and possibly legal
entanglements. For other purposes, though, I think it's important to
understand that the MPA position and the government site only represent
partial viewpoints and and certainly not the "last word." The courts and
the decisions they render provide the ultimate understanding.

>If I were a lawyer I wouldn't offer specific advice on Klarinet ... just a
>reading of the appropriate law. If you check the Klarinet Archives you
>will find
>that a Copyright lawyer has done just that in the past.

I'm not sure this is a relevant question. Many practitioners [lawyers,
doctors, others] offer opionions on radio, television, and in a varierty of
other public forums. Some may choose not to do so, for whatever reason, and
that is quite proper. Others, in contrast, are willing to express
professional viewpoints, even if it is necessary to caveat their views. In
asking if there was a trademark or copyright lawyer on the list I was not
seeking legal advice...only asking if someone with experience knew of any
cases or rulings that might bear on the issue of "implied" usage.

My main point, however, is...and I'm not intending to be critical or
argumenative of or about anyone, or anyone's opinion. I merely wanted to
point out that statutory construction is a complicated subject and that
simply reading the text of a statute does not generally provide much
insight into the subtleties and inner workings of any piece of legislation.

This is too long...sorry! Fred Sterns

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